Trial of 'Naeran Udumeri' Ends Without Yoon's Remarks... Fierce Dispute in Detention Cancellation Hearing

The criminal trial of President Yoon Seok-yeol, who has been indicted on charges of leading a rebellion, began on the 20th. President Yoon, attending a criminal trial for the first time in history as a sitting president, remained in the courtroom for 1 hour and 10 minutes without making any remarks.

Yonhap News

원본보기 아이콘

The Seoul Central District Court Criminal Division 25 (Chief Judge Ji Gui-yeon) held a pretrial conference and a hearing on the cancellation of detention for President Yoon's rebellion charges on the morning of the same day. President Yoon appeared in court around 10 a.m., wearing a black suit and a red tie.

The court conducted the first pretrial conference for President Yoon, indicted on charges of leading a rebellion, for about 13 minutes starting at 10 a.m. The pretrial conference is a procedure to organize issues and evidence before the main trial, and the defendant is not obligated to attend.

President Yoon's defense team stated, "We have not yet reviewed the prosecution's investigation records and related documents, so it is difficult to comment on the admissibility of evidence," and requested "three weeks to review the investigation records." The prosecution revealed that the prepared written evidence consists of 230 volumes and 70,000 pages. Accordingly, the court set the second pretrial conference for 10 a.m. on March 24.

Additionally, the court said, "Once the trial dates begin, intensive hearings will be necessary," and asked for opinions from both sides. The prosecution requested intensive hearings two to three times a week. They explained, "Former President Park Geun-hye had intensive hearings three to four times a week, and former President Lee Myung-bak had them once or twice a week. Compared to previous trials, the importance of President Yoon's trial is not inferior." President Yoon's defense team responded that they would submit their opinion in writing separately.

Regarding the consolidation of trials with former Defense Minister Kim Yong-hyun and others indicted on rebellion charges, the court stated, "A separate decision will be made and notified before the next pretrial conference."

After concluding the pretrial conference, the court immediately proceeded with the hearing on the cancellation of detention requested by President Yoon's defense team. The defense had submitted a request for cancellation of detention to the court on the 4th, arguing that the detention period had expired and that the prosecution was therefore an illegal arrest and detention.

On the issue of whether the detention period had expired, a tense dispute ensued between President Yoon's defense and the prosecution. The defense argued that the time taken for the arrest validity and detention review should be included in the detention period, which has already expired, and that President Yoon should be released. Attorney Kim Hong-il pointed out, "During the warrant review, the court took about 33 hours from receiving the case records to returning them. Although this is less than two days in time, the non-inclusion period was counted as three days." Applying hours and minutes to calculate the review time, President Yoon should have been released at midnight on the 25th of last month, but the prosecution filed charges after that.

He also pressured the court by stating that the issue of illegal detention could become the court's responsibility. Attorney Kim said, "The issue of non-inclusion of detention periods will continue to be raised, and if accepted by higher courts, the problem of illegal detention by investigative agencies could expand to a court issue. Rather than proceeding with the trial while leaving the spark of illegal detention due to expiration of the detention period, the trial should proceed without detention."

He also emphasized that the rebellion charge does not hold because it was a legitimate martial law, mentioning the "large opposition party" again. Attorney Kim said, "The state paralysis caused by the legislative dictatorship of the large opposition party was recognized as a national emergency, and the president exercised the national emergency powers granted to him to declare martial law. There was no intent to disrupt the constitutional order or riot, so the rebellion charge does not apply."

Yonhap News

원본보기 아이콘

In response, the prosecution refuted all of President Yoon's defense claims point by point. The prosecution said, "There is no room for debate that the detention period is calculated in 'days,' not 'hours.' Even without considering the arrest validity review period, the detention was lawfully conducted within the valid period." They also emphasized the legality of the Corruption Investigation Office's investigation into the rebellion charge, stating, "The court also judged that the warrant request and issuance were lawful without illegality, but the defense is making contradictory claims."

Regarding the possibility of evidence destruction, the prosecution stated, "Although the defendant's duties were suspended due to impeachment, he still commands as president, and key related persons are heads of organizations appointed by the defendant. If released, there is a high possibility of frequent meetings and attempts at persuasion, so we hope the court will dismiss the request for cancellation of detention."

The court concluded the session by saying, "If opinions are submitted within 10 days, we will carefully consider and decide on the cancellation of detention."

During the 70 minutes of the trial, President Yoon did not utter a single word. He only responded quietly with "Yes" when asked about his date of birth by the court. Except for moments when he conversed or exchanged written notes with his lawyers or reviewed presentation materials, he mostly kept his eyes closed. After the trial, President Yoon immediately moved to the Constitutional Court to attend the 10th hearing of the impeachment trial scheduled for the afternoon.

© The Asia Business Daily(www.asiae.co.kr). All rights reserved.